CUS CIR NO. 14/2004 DATE 13/02/2004

Depreciation admissible in respect of Capital Goods to EOU/EHTP/STP

I am directed to invite your attention to the Notifications Nos 52/2003-Cus and 22/2003-CE both dated the 31st March, 2003 governing duty free import and procurement by EOUs and units in EHTP/ STP. In the said notifications , it has been provided that in respect of clearance of capital goods by EOU/EHTP/STP units depreciation at the rate of 20% per annum of the original value of computer and computer peripherals items and 10% per annum in case of other capital goods would be admissible. In the notifications( refer Explanation to para 4 of the notification No 52/2003-Cus and Explanation to para 8 of the notification No 22/2003-CE) it has been also provided that depreciation shall be allowed for the period from date of commencement of commercial production of the unit or where such goods have been received after such commencement, from the date such goods have come into use for commercial production, till date of payment of such duty. The Board vide circular 29/2003-Cus dated 3-4-2003 , also has clarified that depreciation could be allowed upto 100%.

2. It has come to the notice of the Board that divergent practices are being followed while allowing depreciation to EOU/EHTP/ STP units. In the field formations , in some Commissionerates , depreciation is being calculated for full years only.

3. The matter has been examined by the Board. In terms of the above stated notification depreciation is admissible till the date of payment of duty. Therefore, there is no basis for contending that depreciation would be allowed for full year or quarter year only. The depreciation is allowed in straight line method and would be allowed till the date of payment of duty. For the part years or months, depreciation would be computed proportionally.

4. Difficulty, if any, faced in implementation of the above said instruction, may please be brought to the notice of the Board at the earliest.

5. Wide publicity may please be given to the above said instruction by way of issuance of public notice.

6. Kindly acknowledge the receipt of this circular.

7. Hindi version follows.

( A.K.SINHA)
Technical Officer( FTT)
Telephone No: 23093859

F.No 305/195/2003-FTT

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